GOLAM BISWAS Vs. UNION OF INDIA (UOI) AND ORS.

JUDGEMENT

(1.) Leave granted. In challenge is the judgment and order dated 04.03.2015 rendered by the High Court of Delhi in Writ Petition (Criminal) No. 1529 of 2014 sustaining the orders of detention dated 27.05.2014 and 13.06.2014 by the appropriate authority passed Under Sections 3(1)(i) and 3(1)(iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short, hereinafter referred to as, 'the Act') qua the detenu Barik Biswas, brother of the Appellant.

(2.) We have heard Mr. Gopal Subramaniam, learned senior Counsel for the Appellant and Ms. Pinky Anand, learned Additional Solicitor General, for the Union of India.

(3.) The skeletal facts relevant to be noticed are that on 08.03.2014, the detenu was arrested under the Customs Act at about 1.30 p.m. while he was travelling in a Toyota Fortuner car bearing registration No. WB 26 S 2600 in Beliaghata area of Taki Road, district of North 24 Parganas. The car was being driven by one Moksed Mandal and on a search thereof 44.659 kilograms of smuggled gold was recovered by the Revenue Intelligence Authorities. The detenu, though arrested, was later released on bail by the Chief Metropolitan Magistrate, Kolkata on 12.03.2014. The bail was, however, cancelled eventually on 14.05.2014 against which he preferred Special Leave Petition (Criminal) No. 4387 of 2014 which was disposed of by this Court on 28.05.2014 in the following terms: